Emert

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA R obert EMERT, Case No.: 24-cv-0002-AGS-AHG

Plaintiff,

ORDER DENYING MOTION FOR

v. RECONSIDERATION (ECF 11) AND

REVOKING PLAINTIFF’S IFP

Andrea SCHUCK, et al.,

STATUS

Defendants.

This Court previously granted permission for plaintiff Robert Emert to proceed in forma pauperis, but dismissed his civil-rights lawsuit without leave to amend. (ECF 10, at 1.) Emert then moved for reconsideration while also appealing to the Ninth Circuit Court of Appeals. (ECF 11, 12.) The Ninth Circuit asked this Court to assess whether Emert’s in forma pauperis status should continue on appeal or be revoked. (ECF 15, 16.) DISCUSSION A. Motion for Reconsideration Emert’s theory of reconsideration is “fraud on the court” under Federal Rule of Civil Procedure 60(b)(3). (ECF 11, at 2.) Courts may grant reconsideration when a losing party provides…